LAWS(SC)-2007-9-89

DHAMPUR SUGAR KASHIPUR LTD Vs. STATE OF UTTRANCHAL

Decided On September 21, 2007
DHAMPUR SUGAR (KASHIPUR) LTD Appellant
V/S
STATE OF UTTRANCHAL Respondents

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal is filed by the appellant- original petitioner against the judgment and final order dated December 23, 2005 passed by the High Court of Uttranchal at Nainital in Writ Petition No. 564 of 2004 (M/B) by which the Division Bench of the High Court dismissed the petition filed by the writ-petitioner.

(3.) The appellant-writ-petitioner filed a petition in the High Court of Uttranchal at Nainital by invoking Article 226 of the Constitution against the respondents for an appropriate writ, direction or order quashing and setting aside relaxation in Clause (ka) of Notification dated November 15, 2003 issued by the Cane Development & Sugar Industries Development, Government of Uttranchal, also quashing an order issuing licence for Power Crusher dated February 17, 2004 issued in favour of respondent No. 4; as also quashing an order dated January 22, 2004 issued by Secretary (Ganna Cheeni), Government of Uttranchal. A Writ of Mandamus was also sought by the appellant directing respondent Nos. 1 to 3 to estimate the requirement of sugarcane of the appellant on the basis of 6250 Tonnes Crushing Capacity (TCC). A further prayer was made to quash and set aside the order dated September 25, 2004 passed by the Government of Uttranchal dismissing the appeal filed by the appellant herein.